Well, let's get started! Announcement No. 23 of 2023 of the Ministry of Commerce and the General Administration of Customs on the implementation of export control measures on gallium and germanium related items...
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Announcement No. 23 of 2023 of the Ministry of Commerce and the General Administration of Customs on the Implementation of Export Control on Gallium and Germanium Related Items
In accordance with the relevant provisions of the Export Control Law of the People's Republic of China, the Foreign Trade Law of the People's Republic of China, and the Customs Law of the People's Republic of China, in order to safeguard national security and interests, with the approval of the State Council, it is decided to implement export controls on gallium and germanium related items. The relevant matters are announced as follows:
1. Items that meet the following characteristics shall not be exported without permission:
(I) Gallium-related items.
1. Gallium metal (elemental substance) (reference customs commodity numbers: 8110929010, 8112929090, 8112999000).
2. Gallium nitride (including but not limited to wafers, powders, scraps, etc.) (reference customs commodity numbers: 2850001901, 3818009001, 3825690001).
3. Gallium oxide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap and other forms) (reference customs commodity numbers: 2825909001, 3818009002, 3825690002).
4. Gallium phosphide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer and other forms) (reference customs commodity numbers: 2853904030, 3818009003, 3825690003).
5. Gallium arsenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap and other forms) (reference customs commodity numbers: 2853909026, 3818009004, 3825690004).
6. Indium gallium arsenide (reference customs commodity numbers: 2853909028, 3818009005, 3825690005).
7. Gallium selenide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap and other forms) (reference customs commodity numbers: 2842909024, 3818009006, 3825690006).
8. Gallium antimonide (including but not limited to polycrystalline, single crystal, wafer, epitaxial wafer, powder, scrap and other forms) (reference customs commodity numbers: 2853909029, 3818009007, 3825690007).
(2) Germanium-related items.
1.Metallic germanium (single substance, including but not limited to crystals, powders, scraps and other forms) (reference customs commodity numbers: 8112921010, 8112921090, 8112991000).
2. Zone melting germanium ingot (reference customs commodity number: 8112921090).
3. Phosphorus germanium zinc (including but not limited to crystals, powders, scraps and other forms) (reference customs commodity numbers: 2853904040, 3818009008, 3825690008).
4. Germanium epitaxial growth substrate (reference customs commodity number: 8112921090).
5. Germanium dioxide (reference customs commodity numbers: 2825600002, 3818009009, 3825690009).
6. Germanium tetrachloride (reference customs commodity numbers: 2827399001, 3818009010, 3825690010).
2. Exporters shall go through the export licensing procedures in accordance with relevant regulations, apply to the Ministry of Commerce through the provincial commerce authorities, fill in the export application form for dual-use items and technologies and submit the following documents:
(1) The original of the export contract or agreement or a copy or scanned copy that is consistent with the original;
(2) Technical description or test report of the items to be exported;
(iii) Certification of end-user and end-use;
(iv) Introduction of the importer and end-user;
(V) Identification documents of the applicant’s legal representative, principal business manager and person handling the business.
3. The Ministry of Commerce shall conduct an examination from the date of receipt of the export application documents, or conduct an examination together with relevant departments, and make a decision to grant or reject the application within the statutory time limit.
The export of items listed in this announcement that have a significant impact on national security shall be reported to the State Council for approval by the Ministry of Commerce together with relevant departments.
4. If the license is approved after review, the Ministry of Commerce will issue an export license for dual-use items and technologies (hereinafter referred to as the export license).
5. The procedures for applying for and issuing export licenses, handling of special circumstances, and the period for retaining documents and materials shall be implemented in accordance with the relevant provisions of Order No. 29 of 2005 of the Ministry of Commerce and the General Administration of Customs (Measures for the Administration of Import and Export Licenses for Dual-Use Items and Technologies).
6. Exporters shall present export licenses to the customs, go through customs formalities in accordance with the provisions of the Customs Law of the People's Republic of China, and accept customs supervision. Customs will handle inspection and release procedures based on the export license issued by the Ministry of Commerce.
7. If an export operator exports without permission, exports beyond the scope of permission, or commits other illegal acts, the Ministry of Commerce or the Customs and other departments shall impose administrative penalties in accordance with the relevant laws and regulations. If a crime is constituted, criminal liability shall be pursued in accordance with the law.
8. This Announcement shall come into effect on August 1, 2023.
Ministry of Commerce General Administration of Customs
July 3, 2023
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